Wednesday, February 27, 2002

Marijuana seized in illegal search; appeals court overturns verdict By JOHN MUNFORD jmunford@TheCitizenNews.com The Georgia Court of Appeals has overturned the conviction of a man who was arrested by a Fayette County deputy for possession of marijuana after a traffic stop for an expired tag. The man, Theodore J. Edgell, was a passenger in the car and the deputy involved found the marijuana during a pat-down search, said State Court Solicitor Steve Harris. The deputy said Edgell was acting "real fidgety," and so he patted the passenger down for his safety. The court ruled, however, that since the marijuana was found during the pat-down, it should have been inadmissable because the search of Edgell's person was illegal. The traffic stop began as an investigation into an expired tag, Harris said. When the deputy decided the vehicle needed to be impounded as required by Georgia law, he asked Edgell to step out of the vehicle and conducted the pat-down search. Edgell was later convicted of possession of marijuana and sentenced to probation by State Court Judge Fletcher Sams, who had denied a motion to suppress the marijuana evidence filed by Edgell's attorneys. The appeals court ruling doesn't have a dramatic affect on how local police officers operate, Harris noted. "It just means those searches shouldn't be automatic," Harris said. What do you think of this story? Click here to send a message to the editor. Back to the News Home Page| Back to the top of the page